Privacy Policy

This is the privacy policy ("Privacy Policy") that governs how we, Cerberus Interactive, Inc. ("COMPANY," "we," "our" or "us"), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of: (i) the website www.cerberusinteractive.com and any other website that we operate (each together with its sub-domains, any micro-sites, content and services, a "Site"); and (ii) any mobile software applications, that we operate and/or license (each individually, and collectively, the "App"). The Site and the App are individually and collectively referred to herein as the " Services."

To provide you with our Services, we must collect and process personal information about you (personal data). Personal data is any data that can identify you, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, online identifier, or to one or more elements specific to your physical, physiological, genetic, psychological, economic, cultural or social identity. We keep this information for as long as you are an active user of our services. If you become an inactive user, your personal data will be kept for a period of 24 months after which it will be deleted, unless you advise otherwise. We store personal data in the U.S. and other countries, some of which are located inside and others of which are located outside the European Union. To exercise your rights over your personal data, you may use the tools that we make available on the Games & Services, or you may submit an access request by sending an email to: privacy@cerberusinteractive.com. By using our Games & Services, you agree that we may use personal information that you provide or make available to us in accordance with this Privacy Policy.

We invite you to read the information below for complete information on the processing of your personal data.

  1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Services. "Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

  2. Data controller. The company responsible for processing your personal data is Cerberus Interactive, Inc. You can contact Cerberus Interactive by email at the following address: privacy@cerberusinteractive.com.

  3. Terms of Service and EULA. This Privacy Policy forms part of our Terms of Service ("Terms"). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

  4. Consent and Modification. You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Services, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Services. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Services, and your continued use of the Services thereafter means that you accept those changes.

  5. What Personal Information We Collect and How We Collect It. We do not currently require you to provide Personal Information to have access to general information available on the Services. We receive and/or collect Personal Information from you in the following ways:

    5.1. Account. To use certain services and/or view certain exclusive content that we offer via the Services, you may be required to create an account ("Account"). We may offer different options to create an Account, including:

    (a) Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use for your Account.

    (b) Third Party Accounts: You may choose to create an Account by clicking on a 'connect' or 'sign-in' button that we may display on the Services for a designated third-party website or service, such as Instagram, Twitter and/or Facebook (each a "Third Party Account"). Doing so will enable you to link your Service Account and your Third Party Account. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include Personal Information) that we will obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

    Regardless of which method you choose to register your Account, we may send an email to your nominated email address to instruct you how to confirm your registration.

    5.2. 'Contact Us' Information. If you send us a "Contact Us" request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as your name, phone, address and email address.

    5.3. Location Data. We may provide certain location-based services ("Location Services") in connection with the Services that are dependent on data related to the geographic location of your mobile device on which the Services are installed ("Location Data"). If you choose to participate in these Location Services, you agree that we may collect or obtain your Location Data. You should be able to use the settings on your mobile device to turn off location-sharing features.

    5.4. Profile. Some parts of the Services may enable you to build a public profile in connection with your Account ("Public Profile"). Your Public Profile will include your name and other information that you choose to include in your Public Profile, such as your gender and a profile picture.

    5.5. Purchases. The Services may include the option to purchase certain products or services from us (such as a mobile online game). We may use the tools, software or services of third-party service providers to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider.

    5.6. Sharing Media, Photos, Videos and/or Recordings. The Services may offer a feature that allows users to post, record, share content or media, including without limitation photos, videos, recordings, text, literary work, computer and/or programming code ("Content"). Users may then access from within the Services their existing email accounts with popular email programs (such as Gmail) and send Content along with a message, via an email sent from such programs. If you include Personal Information in such a message, the Personal Information will be delivered to the recipient of the email.

    5.7. Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Services, track users' movement around the Services, and gather demographic information.

    5.8. Cookies and Other Tracking Technologies. Our Services may utilize "cookies," anonymous identifiers and other tracking technologies in order to for us to provide our Services and present you with information that is customized for you. A "cookie" is a small text file that may be used, for example, to collect information about activity on the Services. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

    5.9. Mobile Device Data. We may collect limited information from your mobile device to provide the Services. Such information may include your mobile device type, mobile device id, and date and time stamps of Services use. In addition, we may deploy tracking technologies within the Services to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

    5.10. Apple Watch and Apple Health App Data. If you use our Games & Services with your Apple Watch, with your consent we use the Apple HealthKit APIs to read and/or write certain data about your fitness activity (Step Count, Calories Burned, and Distance Walked) to the Health App Database on your device (the "Health App Data"). We may store Health App Data on our servers in connection with your user account with us. We use Health App Data to provide you certain functionality in the game, and to ensure you get "credit" in your Apple Health App for all of the walking you do while playing one of our Games. We will not use Health App Data for marketing or advertising purposes. We do not store Health App Data in iCloud. We cannot read from, or write to, the Health App Database without your consent.

    5.11. Google Analytics. The Services may use a tool called "Google Analytics" to collect information about use of the Services. Google Analytics collects information such as how often users visit the Services, what pages they visit when they do so, and what other sites they used prior to coming to the Services. We use the information we get from Google Analytics to maintain and improve the Service and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google's ability to use and share information collected by Google Analytics about your visits to and use of the Service is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

    5.12. Third-Party Tracking Services. We may collect personally identifiable information such as your email address and your user activity through the use of third-party tracking services (TPTS) like Adjust or Mixpanel. A TPTS's ability to use and share information is governed by its Terms of Use. Examples of Terms of Use are available at https://adjust.com/terms/, or https://mixpanel.com/terms, as are the corresponding Privacy Policies, available at the corresponding website, such as those of Adjust and Mixpanel given above. You can opt-out of a TPTS's services by clicking on corresponding links on their websites. If you get a new computer, install a new browser, erase or otherwise alter your browser's cookie file (including upgrading certain browsers), you may also clear the TPTS opt-out cookie.

  6. Publicly Available Information. Your Public Profile and any content that you post on or via the Services ("User Submissions") may be publicly available to other users of the Services, and may also be accessed and used by people off the Services. The notices and tools that we provide on the Services are intended to inform you which information will be made publicly available. If you publish your contact information in any User Submissions or as part of your Public Profile, you may receive unsolicited messages from other users of the Services or the public. We therefore encourage you only to post information that you are sure you want to be accessible to anyone.

  7. Legal bases for the processing of personal data. The legal bases for our processing of personal data are: (i) the necessity of the processing to execute the contract concluded between you and us which results in our rendering of the Services; your express consent; your legitimate interests.

  8. The Way We Use Personal Information. If you submit or we collect Personal Information through the Services, then we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:

    8.1. We will use your Personal Information to provide and improve our Services (including via analytics services), to send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with the Services and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services that you are authorized to access.

    8.2. We may use your designated email address to: (i) send you updates or news regarding the Services and our products; and/or (ii) respond to a "Contact Us" or administrative request (for example, to change your password).

    8.3. We will use your Personal Information to detect, prevent, or otherwise address fraud or security issues.

    8.4. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

    8.5. We may share your Personal Information with our third-party service providers and partners, but only to assist us with our business operations and to provide our Services to you and other users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

    8.6. We may disclose your Personal Information to third party providers of websites, applications, services and tools that we cooperate with so that they can publish or advertise your listings and their content on their websites or in their applications, services and tools. If we transfer personal information along with the content of your listings to third party providers, this will be solely on the basis of an agreement limiting use by the third-party provider of such personal information to processing necessary to fulfil their contract with us and obligating the third party provider to take security measures with regard to such data. Third party providers are not permitted to sell, lease or in any other way transfer the personal information included in your listings to third parties.

    8.7. We may disclose your Personal Information to third party shipping providers (e.g., DHL, UPS, USPS, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communication.

    8.8. We may disclose your information to other users as authorized by you or your use of our Services. When transacting with another user, the other user may request that we provide him/her with information about you necessary to complete the transaction, such as your contact details, shipping and billing address, or other information from you needed to promote the reliability and security of the transaction.

    8.8.1. If a transaction fails, is put on hold, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction.

    8.8.2. The other user receiving your information should only use it for purposes related to the transaction.

    8.9. We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms and EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Cerberus Interactive, Inc., our users, yourself, or the public.

  9. Retention period for personal data. We undertake to keep your personal data for as long as you are an active user of our services and, if you become an inactive user, then your personal data will be kept for a period of 24 months after which it will be deleted, unless you advise otherwise.

  10. Location and transfer of personal data. In the cases below, we may transfer your personal data to different countries. Users located in the European Union are informed that these transfers of their personal data may be made to countries outside the European Union. In this case, we undertake to transfer your personal data only to countries with an adequate level of protection for personal data. Failing this, we undertake to supervise these transfers by effective contractual means, such as binding corporate rules, standard contractual clauses, codes of conduct or certifications.

    10.1. You may at any time request to consult the documents related to the above-mentioned guarantees by sending your request to: [privacy@cerberusinteractive.com] We do not ourselves host any of the Services -- all hosting is done by third party service providers that we engage. This means that data you provide to us or that we collect from you (including any Personal Information, as defined below) -- as further described in this Privacy Policy -- is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some may be located in the US), their servers may be located anywhere in the world (including the US). Your data may even be replicated across multiple servers located in multiple countries. Be aware that you are consenting to your data being transferred to various third party service providers around the world.

    10.2. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

    10.3. We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our Services to you and other users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

    10.4. We may disclose your Personal Information to third party providers of websites, applications, services and tools that we cooperate with so that they can publish or advertise your listings and their content on their websites or in their applications, services and tools. If we transfer personal information along with the content of your listings to third party providers, this will be solely on the basis of an agreement limiting use by the third party provider of such personal information to processing necessary to fulfil their contract with us and obligating the third party provider to take security measures with regard to such data. Third party providers are not permitted to sell, lease or in any other way transfer the personal information included in your listings to third parties.

    10.5. We may disclose your Personal Information to third party shipping providers (e.g., DHL, UPS, USPS, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communication.

    10.6. We may disclose your information to other users as authorized by you or your use of our Services. When transacting with another user, the other user may request that we provide him/her with information about you necessary to complete the transaction, such as your contact details, shipping and billing address, or other information from you needed to promote the reliability and security of the transaction.

    10.7. If a transaction fails, is put on hold, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction.

    10.8. The other user receiving your information should only use it for purposes related to the transaction.

    10.9. We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms and EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Cerberus Interactive, Inc., our users, yourself or the public.

  11. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers to improve our Services and enhance your experience with the Services. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Services.

  12. Opting Out. With your prior consent, we may send you promotional and advertising messages in connection with the services we offer. You may choose not to receive future promotional, advertising, or other Services-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Services.

  13. Choice. At all times, you may choose whether to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Services but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

  14. Right of individuals to their personal data. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. You have the right to request access to all the personal data we process about you, to rectify or correct your data, to receive communication of your data in an interoperable format, to oppose the processing of your personal data or to request the deletion of your personal data.

    If that processing is justified by your prior consent, you have the right to withdraw your consent at any time. Finally, in the event of a dispute concerning the processing of your personal data, you have the possibility to file a complaint with the competent supervisory authority.

    To exercise these rights, you may use the tools that we make available on the Services or you may submit an access request by sending an email to:

    privacy@cerberusinteractive.com

    In any case, your email should include adequate details of your request.

  15. Links to and Interaction with Third Party Products. The Services may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a "Third Party Service"). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

  16. Children's Privacy. The Services are not structured to attract children under the age of 16 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16 years. If we learn that we have collected Personal Information from a child under 16 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at privacy@cerberusinteractive.com.

  17. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at privacy@cerberusinteractive.com.

  18. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

  19. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@cerberusinteractive.com. Please note that we are only required to respond to one request per customer each year.

  20. California Not Track Notices. We do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer's online activities over time and across different web sites when a consumer uses the Services.

  21. Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

  22. Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at privacy@cerberusinteractive.com.

CONTACT INFORMATION

If you have any questions or concerns about the Privacy Policy for these Services or their implementation, you may contact us at privacy@cerberusinteractive.com.

Last Updated: Wednesday, 07 November 2018 v0.1.8